Chapter 7: A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law

Transcription

1 Chapter 7: A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law Political openings and opportunities, particularly after the end of Soeharto s New Order regime, have allowed activists of Jemaah Tarbiyah to promote their agenda of Islamisation with a broader target in view. Under the New Order they had remained outside the formal system and kept their distance from political activities, but after the resignation of Soeharto in 1998 they found a way to participate in the democratic system, transforming Jemaah Tarbiyah from an underground religious movement into a legal political party. The issue of the implementation of Islamic law in Indonesia has become an integral part of PKS s agenda to make Indonesia more religious in nature. The question often arises about PKS s attitude towards shariah. What exactly is the party s stance towards its implementation in Indonesia? PKS has made no plain statement in its political platform but this does not mean that it has no desire to implement shariah. PKS has been ambivalent in responding to this sensitive issue. On the one hand PKS has tried to deny allegations that it has a hidden agenda to Islamise the state and on the other hand it also has insisted its commitment to the struggle of Islam, including to applying shariah. This chapter analyses the broad question the formalisation of shariah in Indonesia. PKS s understanding of the issue has a significant place in this discourse; however, explaining it is not an easy task, since we must deal with political rhetoric and PKS s strategy for achieving broad support. What is the ultimate goal of PKS, and how will it bring about the re-islamising of Indonesian society? Another important question that needs to be posed is what makes PKS s idea of implementing shariah distinct from those of other Islamic parties in Indonesia? In fact, the debate among Muslim scholars and leaders on the merits of shariah has made PKS avoid the issue. Its main concern is how to revise the image of shariah and to popularise it by stressing the goals of prosperity and justice for the Indonesian people. A. The Pros and Cons of Shariah Implementation Since Indonesian independence and during Soekarno s Old Order, the debate on shariah was carried out between secular and Islamic factions. The first group rejected the idea of the formulisation of shariah and the second group promoted it. With the New Order, the debate was pushed aside; any discussion about reviving shariah as a broader source of law was discouraged. However, after the collapse of the New Order shariah discourses have re-emerged and have 191

2 Islamising Indonesia inevitably sparked controversy. Disputes about the implementation of shariah no longer take place just between secular and Islamic factions but also among Muslims themselves. On an earlier political stage, for instance, M. Natsir (of santri background) would engage in confrontation with Soekarno (non-santri in orientation) in dealing with shariah issues. Nowadays the proponents of shariah, Hamzah Haz (PPP) and Yusril Ihza Mahendra (PBB) face challenges from their fellow devout Muslims, such as Abdurrahman Wahid, former leader of NU and Indonesian President from The shariah pros and cons debate is intensively discussed within the Muslim community itself. 1. Those Opposed to Shariah Secular oriented Muslims argue that it is impossible to implement shariah comprehensively and successfully in Indonesia. Rather than a positive contribution to society, it is seen as a source of division. The secularists argue that the implementation of shariah would be counterproductive for society, 2 since Indonesian Muslims are not monolithic but embrace many orientations and interests. The diversity of religious practice and jurisprudential schools in Indonesian Islam is a significant factor to be considered. 3 There is a main obstacle in determining which school should be preferred. Some areas of dispute in the shariah discourse, which often draw criticism from scholars, revolve around issues concerning gender, criminal law and attitudes to non-muslims. Muslim scholars who oppose the implementation of shariah claim that it brings inequality in the status of women and imposes over-severe punishments for the violation of moral laws and to the conversion to other religions. Any effort to implement shariah creates discrimination for Indonesian citizens who do not embrace Islam. Embracing a religion and upholding its obligations are individual choices and cannot be enforced. When Islam is imposed on others, it will lose its fundamental character of giving mercy to all creatures (rahmatan li al- alamin). 4 Finally, it is not feasible for a nation to have two different laws, one for Muslims and another for non-muslims. Ulil Abshar-Abdalla, a leading opponent of shariah-isation in Indonesia, argues that not all Islamic laws are created by God, so that when it comes to human matters, religion is to be understood and formulated by human nature. It follows that human perceptions open up debate and criticism. Ulil adds that many aspects of shariah must be questioned; for example, some do carry the potential for discrimination against women. In the case of witnesses in a trial, for example, two women are considered to be equal to one man. Furthermore, in Islam, if someone accuses another of committing adultery but is not able to show valid evidence of the charge, the accuser will be lashed 80 times for calumny. Four male witnesses must be provided in order to support the allegation. When a woman is raped and she is not able to bring the four witnesses, she will not get 192

3 A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law justice. These questions are hardly discussed in Indonesia because if we want to criticize, it will be seen as insulting shariah and religion itself. 5 According to the secular-minded group, in order to prevent the violation of individual human rights, shariah must not be implemented in Indonesia beyond family law. Any effort to bring religion into an organic relation with the state must be rejected. If Indonesian Muslims want to live in accordance with shariah, they may, as long as they do not use the state to back up their will. All religions are equal before the state and each religious adherence must respect all others equally, making no exceptions regarding Islam. 6 The rejection of the implementation of shariah varies from the strictly secular groups who promote a total separation of state and religion to the moderate secularists who merely oppose the formalisation of shariah into the Indonesian legal system. The first believe that a secular system is the appropriate solution for Indonesia, which is of a diverse socio-cultural nature, whilst the latter does not fully support the idea of radical secularism, but attempts to promote universal human values derived from Islam. Both share common ideas in their rejection of any effort leading to the formalisation of shariah in Indonesia. For the opponents of formalisation, secularism is a blessing for all religions, since it prevents conflict among different religious adherences and any opposition between religion and state power. 7 Liberal Muslims contend that pluralism, understood as the acknowledgement of the truth in all religions, is most appropriate for Indonesian society. When Muslims are ready to accept and practice democracy, they also need to adhere to the principle of pluralism. The group led by Ulil Abshar-Abdalla has promoted its commitment to secularism and pluralism with this renowned slogan: In the name of Allah, the entirely merciful, and especially merciful, the Lord of all religions Those For Shariah Islamist groups believe that shariah must be implemented in order to bring about justice and to end the Indonesian multi-dimensional crisis. Those who believe in the role of shariah in solving Indonesian problems are divided into two orientations. The first group contends that the Indonesian people not only need shariah but that it should also be implemented immediately. They see shariah as a kind of generic medicine to cure all social, economic and political ills in the country. Indeed, crisis has occurred because of the very absence of shariah. They also believe that the entire political system of Indonesia and its institutions must be Islamic. 9 The immediate shariah-oriented group comprises hardliner Islamists who usually appeal to non-political organisations, such Hizbut Tahrir, Salafi Groups and MMI but draw benefit from the issue of the autonomy of the provinces and districts. They have also appealed to the central government to implement shariah 193

4 Islamising Indonesia at the national level. According to this group, the secular system is responsible for all crises in Indonesia. A partial solution will not bring any benefit to the country; rather it will produce other problems in the future. The radical and fundamental solution lies in the upholding of shariah so that the Indonesian people live according to Islamic laws. 10 This group also views the present application of cultural aspects of shariah in family affairs and regulations of Islamic charity (zakat) as insufficient. 11 Shariah must be implemented comprehensively, kaffah, meaning that the Islamic criminal laws must also be applied, since for this group the fundamentals of shariah lie in the application of such laws. Proponents of this idea often criticise the role of the mainstream Islamic organization in Indonesia, such as NU and Muhammadiyah, which have no intention to observe a comprehensive practice of shariah, including its Islamic criminal laws. 12 Salafi movements and Hizbut Tahrir have become well known for their demand to implement a total shariah but not through democratic means. They do not believe there are any benefits in following a democratic system since it is against Islam. Other groups associated with Darul Islam, such as Majelis Mujahidin Indonesia (MMI) and Komite Persiapan Penegakan Syariah Islam (KPPSI) in South Sulawesi have worked consistently to push the central government and provinces to implement Islamic law. The second pro-shariah group are moderate Islamists arguing that shariah is an alternative for Indonesia but that its implementation must be through a long term democratic process, using constitutional means. The re-emergence of Islamic parties in Indonesia after Soeharto s resignation is a response to accommodate this demand. PPP, PKS, PBB and other smaller Islamic parties have worked to promote the implementation of shariah. Even though this group share the one ideal of the significance of shariah, it differs in terms of its views of the methods of implementation. PPP and PBB, for instance, stress the significance of promoting shariah in Indonesia through the acknowledgment of special status for Muslims by reviving the idea of the Jakarta Charter (Piagam Jakarta) as it was initiated by their predecessors. A constitution that explicitly recognises the status of shariah is a crucial issue. In contrast, PKS has sought a different approach in promoting shariah and no longer regards the Jakarta Charter as important. For PKS, the implementation of shariah should not rely on the constitution but must begin with the individual, family, society and the state. 13 A Constitution specifying the status of shariah is not a priority in gaining formal recognition from the state. The state must not be designed in the way that privileges Islam, since the 1945 Indonesian Constitution and the state ideology of Pancasila ensure the rights of all religions

5 A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law Whereas hardline Islamists see the absence of shariah as the main cause of the Indonesian crisis, moderate Islamists take a different approach. They assert that the non-implementation of shariah is mainly because the Indonesian people do not yet understand the concept in full. Furthermore, the absence of welfare and justice, including education, are the main reasons for this lack; first, the people need to be educated and have their living standards and their security improved. So at this stage, implementing shariah is not a priority; rather meeting the basic needs of the people is the first step, while continuously encouraging the people to practise shariah in their lives. 15 Even though it has downplayed the issue of shariah, PKS still considers it important to promote it through to the state level. Rather than pushing its implementation through a top down or radical approach, PKS has worked to educate Muslims to understand the essence of shariah so that they willingly practise it in their daily lives and subsequently extend it into governmental activities. PKS believes that when people become familiar with the practice of shariah they will not oppose its implementation. The main effort for PKS activists is how to revive the image of shariah and to relate it to the basic needs of ordinary people. 16 B. Revising the Image of Shariah Even though the implementation of shariah law is not publicly discussed by the activists of PKS, as a political party arisen out of a religious movement, PKS will not stray from its commitment to Islamise society and the state. The struggle of how to implement shariah still preoccupies its activists. One member of a PKS committee in East Java said, Partai Keadilan has never denied the implementation of shariah in Indonesia because it would be foolish for an Islamic party to reject shariah. 17 In political platform, however, PKS uses the term dakwah instead of shariah using dakwah as a means of the purification of human beings based on their natural tendencies (fitrah). Becoming God s servants who also serve as good exemples and enjoin the good in order to strengthen moral foundations of the nation. Promoting freedom to all citizens to embrace and practise their religion with mutual respect. 18 PKS s position on the implementation of shariah can be found in a book written by a PKS activist, entitled Yang Nyata dari PK Sejahtera. 19 The book emphasises that shariah is mercy for all creatures and the proper implementation of shariah will not bring discrimination. PKS believes that its implementation in Indonesia will provide the solution for the current multi dimensional-crisis. However, it must be done in a peaceful and constitutional way, not through violence or compulsion. 20 Furthermore, in a different expression, which carries the same meaning, the chairman of PK in East Java has said, We don t want to use shariah 195

6 Islamising Indonesia as a merely political commodity because it saddens us that many activists of political parties strongly demand the implementation of shariah in Indonesia but they themselves do not practise it. 21 Believing that the lack of a proper understanding of shariah is the chief obstacle in promoting its application, the Jemaah Tarbiyah activists who occupy the central leadership within PKS have begun to formulate their strategy for promoting its positive image. Implementing shariah, according to PKS, is not merely the need to impose a set of Islamic laws but rather it entails all positive aspects of human values and behaviour. For PKS, universal morality and values must take first priority in solving Indonesian political and economic crises. In order to gain popular support, the party has worked to make shariah more applicable to day-to-day matters. The meaning of shariah has been widened in scope to include more substantive and practical issues. Korupsi (corruption), Kolusi (collusion) and Nepotisme (nepotism) known by the acronym KKN are new areas to combat, so that clean government, justice and welfare are considered to be the main ideals deriving from shariah. 22 The campaign for shariah should be directed towards achieving prosperity, security, justice and peace in the world. 23 In its simplest form, preserving public facilities, such transportation, parks, roads and toilets is obligatory for members of the party. In fact, PKS has tried to spiritualise all profane activities within realm of Islamic values and indeed all can be justified by religious doctrine. In order to provide the religious grounds for these issues, the arguments are based on the Qur an and Hadith and as well as on the public interest (maslahah). The manual and training materials of PKS state that preserving individual and public rights is important, since Allah in the Qur an (XXVIII: 77) states: and desire not corruption in the land. Indeed, Allah does not like corruptors. 24 According to the activists of PKS, most people still have insufficient information about shariah and tend to see it from a negative point of view. 25 They understand it merely as a legal system that prescribes the severe punishment of crimes under the hudud laws. 26 Hidayat Nurwahid, former president of PKS and currently chairperson speaker of the People s Consultative Assembly (MPR) in stated: The problem is that too many people talk about shariah and they mean cutting off hands and wearing (head) scarves. Our main programme is how to make people better off, how to get justice. 27 In order to make Indonesians, both Muslims and non-muslims, comprehend the concept and essence of shariah, Dr. Salim Segaf al-jufri, chairman of the Shariah Council of the Central Board of PKS, suggests three steps in socialising shariah: educating Muslims, providing good examples and creating dialogue with non-muslims

7 A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law 1. Educating Muslims PKS believes that educating people to be well informed about the proper meaning of shariah is an important step. Shariah must be seen as a model that promises prosperity to all human beings. If shariah is described by such acts as stoning adulterers and cutting off the hands of thieves, which alarms both Muslims and non-muslims, according to PKS, this is a wrong understanding. 29 Shariah contains aspects that apply not only to the legal system but also to economic progress and social solidarity. Rofi Munawwar, a chairman of PKS in the province of East Java ( ) explained It is true that hudud is part of shariah but a just economic distribution for all people is also Islamic. Unfortunately, the aspects of punishment within shariah are more dominant than efforts to encourage wealthy people to help and lift up the poor. If this other aspect of shariah is truly implemented and people gain prosperity, there will be no thieves and consequently the cutting off of hands will never be implemented. 30 In this regard, PKS has succeeded in reformulating the meaning of shariah into more practical avenues suitable to Indonesian society. Suryadarma, a PKS member of the legislature in the province of South Sulawesi said: I think a Muslim who understands his or her religion well will practise shariah. Shariah is very wide and not only related to the legal dimensions often exposed by the mass media in a threatening way, such as the cutting off of hands. We focus on a shariah that is related to the achievement of prosperity and the basic needs of the people. In addition, we need to uphold the law in order to ensure the equality of all people before it. Without considering both dimensions, prosperity and law, we think it is difficult to implement shariah. How do we practise a hudud law if the thieves are poor people? How do we observe qisas when we tend to agree with the abuse of politics and power? In short, when we campaign for justice and prosperity, all these are part of implementing shariah. 31 By educating people about the essence of shariah, it is hoped that they will not hesitate to put it into practice. And when Indonesian society supports the implementation of shariah, PKS is ready to bring the aspirations of its constituents into the legislature. PKS attitudes are always determined by the acceptance of the people. So at this stage, making people familiar with the day-to-day aspects of shariah is more important than promoting its formalisation. PKS activists observe that the majority of people are ignorant of the practice of the true shariah. West Sumatra, for instance, is widely known as a stronghold of Muslim scholars and religious observance, but one activist from this area has acknowledged that the 197

8 Islamising Indonesia ordinary people are actually far from shariah. The campaign for formalisation in this region will not gain much popular support PKS raises the issue of shariah not as a political commodity or to win votes. Our mission is to uphold shariah itself. In West Sumatra, this is not an issue which will win us popular political support. The impact of secularism in West Sumatra is very strong. A campaign to bring the people to live in accordance with shariah will face difficulties, since people feel threatened by it. The decline of the Islamic institutions in West Sumatra has made shariah uninteresting. We do not need to campaign for shariah but it does need to be socialised. He further stated The important issues for West Sumatra are the economy, education and public health. What makes West Sumatra s people proud of their region in terms of economy and education? Nothing! We were strong because we had Central Sumatra, including Riau, which is well known for its petroleum. PRRI (Pemerintahan Revolusioner Republik Indonesia) was ready to confront the central government because they knew about the resources. When Central Sumatra was made a new province, we became very weak and poor. What we need is kind of a reformist Islam. Why did Partai Amanat Nasional (PAN) win success in the general elections in because they were not too fanatic or too secular! Those who want to practise Islam rigidly and too radically will not put down roots in this society. The typology of the people is moderate, as represented by Muhammadiyah Being Exemplars Besides educating Muslims about the true meaning of shariah, PKS activists try to offer themselves as living examples. Every cadre is expected to practise the teachings of shariah and to ensure that Indonesians, Muslims and non-muslims, feel secure and comfortable with its concept. They firmly believe that shariah must avoid any possibility of causing discrimination against people, regardless of religion, gender or political aspirations and that shariah must be seen as an alternative solution for Indonesians. 33 Since ideas of the implementation of shariah are still far from the popular mind in Indonesia, PKS activists have not voiced it during campaigns for the general elections. Even though some districts in Indonesia, such as in some areas of West Sumatra, have issued district policies (peraturan daerah, Perda) requiring female students and civil servants to wear head scarves, the most appropriate issue regarding shariah is the campaign to combat against corruption. 34 One of the PK legislators in the Province of West Sumatra (DPRD I) emphasised: 198

9 A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law PK cadres are persons who are in the very beginning expected to practise shariah in their daily activities and to demonstrate it to others around them. They must feel happy and satisfied carrying out shariah so that other people will be interested and follow them. Shariah must lead to achieve welfare and prosperity for all. For that reason PK now adds the word Sejahtera (prosperous) into its new name, Partai Keadilan Sejahtera. 35 PKS has also begun to promote the inclusive nature of shariah. As an example of its conviction of the all embracing nature of shariah, PKS elected a non-muslim as branch chairman of PKS in one of the districts in Papua, while another elected Member of a regional parliament in Papua representing PKS, Natalis Kamo is a Christian. 36 This decision to include non-muslims within PKS was not an easy choice since it drew criticism from some members. For instance, a mailing list of PKS sympathisers, partai-keadilan-sejahtera@yahoogroups.com, on March 2004 was filled with questions and criticism of the party s decision to appoint non-muslims as members of PKS committees in the Province of Papua and for nomination as legislators as well. The main concern was that this policy did not follow the Traditions of the Prophet and the pious ancestors (al-s}alaf al-s}alih). One argumentation is that appointing non-muslims means requiring loyalty to an infidel and it is really against the teachings of the Prophet. The Qur an states let not believers take disbelievers as allies (i.e., supporters or protectors) rather than believers. And whoever (of you) doest that has nothing (i.e. no association) with Allah, except when taking precaution against them in prudence. And Allah warns you of Himself, to Allah is the (final) destination. 37 However, these objections did not last long, since most members of the mailing list advised those who had criticised the policy of Central Board of PKS to trust their leaders. In order to persuade its members about the validity of its decision in this regard, the Central Board of PKS issues bayanat (explanations) in which it is stated that the prohibition for a Muslim against voting and electing a non-muslim as a member of parliament is clear. However, the party considers the rights of non-muslims within the Muslim community the same to observe their religion and to manage their affairs. This is clearly worded in the Medina Charter. The inclusion of non-muslims within PKS committees and in the parliament reflects the policy of recognising the existence of non-muslim communities and their representatives in Indonesia. 38 In the case of the amendment of the 1945 Constitution, particularly chapter 29 regarding religion, the PK, together with Partai Amanat National (PAN) did not support the Jakarta Charter. While other Islamic parties, such as PPP and PBB view the phrase of with obligation for Muslims to carry out shariah added in the 1945 Constitution to be critical for the legal acknowledgement of implementing shariah, for PK such recognition of the privileged status of Islam 199

10 Islamising Indonesia was not a priority. When the Islamic parties in the 2000 legislature raised the issue of returning to the Jakarta Charter, PK neither supported nor rejected the move. Instead, its representatives preferred to propose what they called Piagam Madinah (the Medina Charter), which gives the same freedom to all religions of Indonesia to carry out their teachings. 39 The reason is that the party did not support any effort to impose the implementation of shariah because it would be undemocratic. 40 PK preferred to see the government and the Muslim community strongly committed to the upholding of Islamic values first. 41 The Medina Charter was the first constitution regulated by the Prophet Muhammad to knit all the inhabitants of his community into a single polity. 42 However, the proposal of PK is not a new issue since Piagam Madinah was widely discussed by Nurcholish Madjid in promoting pluralism within Islam. 43 Even earlier, during the debates in the 1959 constituent assembly on the ideological direction of the state, Islamic parties had pushed for the legalization of the Jakarta Carter and they met the objections of non-muslims and Muslims who were not members of Islamic parties. Even though not referring to the Medina Charter as such, Djamaluddin Malik, the Third Chairman of NU s Executive Board, proposed a sentence in addition to the Jakarta Charter that followers of other religions are under obligation to abide by the doctrines of their respective religions. 44 In fact, the idea of proposing a new sentence by Djamaluddin Malik is similar to the idea brought by members of PKS in order to guarantee the plural religious character of Indonesian state. PKS has shown a reluctance to promote the position of women in politics but it has started to give recognition to their role. It allows the same opportunities for women to be involved in politics and in the broader arenas of life. PKS has begun the empowerment of women by proposing them as members of the legislature. The Election Law of the 2004 elections stated that parties were required to have at least 30 per cent female legislative candidates, and PKS met this quota in 65 of 69 electoral districts. 45 Even though only four women were actually elected as legislators because most had been put low in the candidate list, their presence is a symbol of the political will of the party in this direction. Compared to PPP, PKS is still higher in terms of female representation in the legislature. Women elected to the 2004 DPR from PKS are 4 of 45 members (8.89%) and from PPP, 3 of 58 members (5.17). 46 Furthermore, it is interesting that in the district of Gayo Luwes in Aceh, a woman named Nurhayati is the head of the district committee of PKS. She is the only woman in the party to reach such a level of leadership. 47 In addition, female members of the party, Nursanita Nasution and Aan Rohanah have also been appointed members of the Consultative Council, which holds the highest authority in determining the direction of the party. However, the role of women in PKS is still far from satisfactory, since most women on committees of the 200

11 A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law Central Board have been placed in a special department of women s affairs. They have not yet been accommodated in other departments on the basis of their true capacity and expertise. Opportunities have always been open to women but they have not often been ready to take them up. For instance, the PKS Provincial Board of Central Java in 2006 is open for a woman to be elected as chairperson. Members of PKS in that area are free to choose woman as a chairperson. There are many female cadres in PKS. So it is allowable for woman to run as a candidate for PKS chairperson. 48 In responding to the issue of a female president, PKS has revised its objections. Yet however much PKS might prefer a man, the case of Megawati as President of Indonesia, replacing Abdurahman Wahid in 2000, was problematic. PK was actively involved in the campaign to oppose Megawati in There were two reasons to oppose Megawati s appointment. The first was ideological and political; Megawati s party and its members had an inharmonious relation with the Islamic parties. The second was a normative reason: most Islamic parties, including PK, opposed a woman president on religious grounds. 49 A large demonstration was held in 2000, involving thousands of PK cadres, in front of the National Parliament in Jakarta to request members of DPR/MPR not to choose Megawati. However, during the presidency of Abdurahman Wahid, cadres of PK also held simultaneous demonstrations to call for the resignation of Wahid, which indirectly gave a constitutional opportunity for Megawati to replace him. Why did PK change its stance in favour of a woman as president? They followed political expediency in the legal clause that men and women are treated equal under the constitution. 50 Whenever the constitution guaranteed a practice, PK preferred to follow the constitution. By the good example of its cadres, PKS intends to lead Indonesian Muslims to willingly practise shariah. Even though some Islamic movements that campaign for the implementation of Islamic law argue that the Indonesian people already practise the non-legal aspects of shariah, PKS still considers that its introduction is urgent. It is true that some parts of shariah have been adopted by the state, such as the regulation of marriage and the laws of inheritance and endowment, however, for PKS, the essence of shariah is still wanting. 3. Dialogue with Non-Muslims PKS activists believe that in order to explain the true meaning of shariah, a dialogue with non-muslim organizations and communities needs to be established; as long as non-muslims are honest about their religion and understand the issue of shariah properly they will not oppose its implementation. 51 Through dialogue, common values among the religions in Indonesia will emerge. Salim Segaf al-jufri, chairman of shariah board of PKS said 201

12 Islamising Indonesia By dialogue a communication is established among different parties, including non-muslims, if they are fair in dealing with this issue and are not overwhelmed by suspicions. I believe that even though it may raise some dispute and disagreement, we will find common agreement. For instance, whoever lives in this country must agree on the need to combat corruption and to practise justice for all, Muslims and non-muslims alike. To protect people s rights, property and souls is the basic thing that all people must agree upon. Is not respect for others rights in worship and the practice of their religions part of Islamic teaching (shariah)? 52 Nonetheless, dialogue has not been an easy task because the elite of PKS have had little experience in initiating dialogue with non-muslims. Their experiments within Jemaah Tarbiyah activities in the past were confined to their inner groups and rarely did they socialise beyond with the broader society. However, this last step program is still far from applicable for the rank and file of PKS. The PKS has not engaged in the interfaith dialogue that is promoted by the government and other leaders of religious organizations in Indonesia and many PKS activists still hesitate to cooperate with non-muslims. 53 According to al-jufri, the socialisation of the concept of shariah still faces obstacles, since shariah itself is still seen by certain Muslims and non-muslims as well as something that may threaten sections of society. 54 This is because shariah is promoted by certain Muslim groups such as NII, MMI, FPI and many radical groups in unwise ways, tending towards force and violence. It is a real challenge for PKS to reform this image. As many PKS activists have often said, it is true that hudud is part of shariah but people often forget that the distribution of wealth is also a significant element of shariah. 55 The problem is how to find a balance between promoting welfare and proposing shariah, and not to fall into the trap of formalising the sacred whilst abandoning the profane. PKS s commitment to Islamic teachings has resulted in actions to Islamise non-religious issues and to use them as vehicles to promote its ideals. Other Islamic parties often tend to promote Islam from a legal point of view and top-down approach, but PKS starts from practical issues to lead people into the essence of shariah. The issue of the formalisation of shariah guarantees their presence in the political field, among more powerful secular parties, even though they can claim only a small number of votes. 56 The problem is whether or not the party will retain its commitment to gradual steps towards the formalisation of shariah if it should gain significantly greater support than before. This question will be analysed by focussing on the issue of the implementation of shariah and various opinions on it among PKS activists. 202

13 A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law C. Implementing Shariah As a religious movement influenced by the society of Muslim Brothers, PKS regards Islam to be the totality of rules and norms guiding the daily lives of Muslims embracing religious, economic, social, cultural and political dimensions. Political institutions are necessary to maintain and promote the existence of the teachings of Islam. As a political party, PKS struggles for the interests of Muslims, or at least to prevent any political moves to obstruct Muslim interests. The state must be able to guarantee its people the performance of their faith. The issue as phrased by PKS is that if it is not the Islamic parties which are dominant in the government, the Muslim community will have difficulties in observing its faith. 57 It seems that the possibility of trust building between Indonesian secular and Islamist elites is still low - most of the political elites still do not trust one another. 58 For PKS, the place of Islamic parties within the democratic system is necessary and the only possible way to carry out the Islamisation of the state. Only by the people s support through general elections can the agenda of the Islamisation of Indonesia be realised. 59 The implementation of shariah must be carried out in a constitutional way, avoiding the use of force or violence. 60 A jurisprudential view of the Egyptian scholar, Yusuf Qaradawi has strengthened PKS s belief in the benefits of democracy. It was quoted in a PKS organisational manual to support the principle of embracing democracy to further Islamic interests. Qaradawi said There is nothing wrong for a nation, intellectuals and leaders to use any concept from others, they may even find them more perfect and suitable. However, before we are able to provide an alternative concept, it is better for us to take lessons from various concepts and principles of democracy in order to ensure justice, consultation and human rights, as well as to challenge all tyrant regimes in the world. 61 In this context, PKS believes that the practice of shariah within the community must be supported by political structures. Any efforts to influence the state must be carried out by an involvement in political activities. The cultural approach in promoting Islam is insufficient for PKS. Even though PKS seats in the National Parliament remain few in comparison to the more established parties, their presence in the Legislative Body (DPR) is still a prerogative. 62 One activist of PKS in East Java confirmed the strategic role of being involved in politics A good Muslim will not be confused with our approach in carrying out dakwah, including in politics. If people consider politics dirty and good men do not want to be involved in politics because they are afraid of being contaminated, what will happen? Does it mean that we must keep our distance while this condition will go on as it is? In fact, we know 203

14 Islamising Indonesia that all policies are decided through political process, not through sermons! We cannot expect good policies if people who claim themselves clean just speak out in sermons or in raising criticism. 63 So the attitude of PKS towards the formalisation of shariah in Indonesia is still ambivalent. This is because the party formally has no clear direction on shariah and its core members have varied in their responses to the issue. They are divided into two streams. First, there is the moderate mainstream. Most PKS activists believe that the implementation of shariah should be initiated from the level of the individual, society and only then the state. The role of the government is to maintain and ensure that all rules and laws derived from Islamic values have been properly implemented. This moderate approach, which is supported by the majority of PKS activists, is more accommodative and suitable for the Indonesian community, yet it does not satisfy conservative groups who are impatient to see the introduction of shariah in Indonesia. Following this direction, the implementation of shariah will be carried out in a careful way. The people s criticism and aspirations will be considered in order to continue on to the next step of Islamisation. Islamic aspirations do not need to be consistent in a formal way, but sometimes Islamic values may be adopted to give spirit to national laws. The planned strategy is that when the people show themselves to be receptive; more parts of shariah will be proposed. PKS s philosophy in implementing shariah is to give people a taste first and if they like it, more can be given. It is like orange juice; if people like it but it only contains 30% pure fruit, for instance, give it to them. It is a matter of appetite. 64 This gradual approach of formalisation of shariah is mainly derived from the experience of Turkey. 65 The pragmatic approach comes from this stream of opinion. Even so, some members of PKS in parliament have argued that empowering the little people and raising their standard of living is more important than keeping busy with the issue of shariah. The important thing is to promote a good image of the party before the people; whether or not party will propose shariah is another issue that will be talked about later. 66 Secondly, a conservative group comprises a small stream of PKS activists. They believe it is necessary to implement shariah immediately, once the opportunity arises, regardless of the response by most Muslims. They say that as long as shariah is an alternative and comprehensive system they must dare to apply it in Indonesia, regardless of the consequences. They maintain that since the application of secular laws introduced by the Dutch colonial regime in Indonesia did not consider broad social realities of the time, so the implementation of shariah should also not be dependent on the condition of the people. As long as 204

15 A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law the state is able and willing to implement it, the possibility will be there. 67 However, these radical views are not apparent within PKS, in particular within PKS representatives in the legislature. They are mostly heard from the section of Jemaah Tarbiyah not directly involved with current political issues. In contrast to the supporters of partial Islamisation, this second group is more interested in bringing in Islamic laws first and other aspects later. They believe that the complete implementation of shariah will automatically bring the people into prosperity and justice - for religion itself promises such. Any partial application of shariah, however, will not give benefits but rather it will lead to further crisis. If ever the party should gain an electoral majority and is able to hold on to power, this faction will not hesitate to demand the complete implementation of shariah. Yet the call for the immediate implementation of shariah has faced much resistance. Most PKS activists disagree with it because it is regarded as an obstacle for the party to survive in the future. To bring a change towards a more Islamic society and state, PKS prefers to rely on the gradual process that rests on a paradigm change within individuals. 68 Imposing shariah would be a counterproductive of cultural process and entail the risk of loosing political support from the grassroots whenever the party fails to comply with the people s interests. All the political investment of PKS will be devalued and the chance to implement shariah slip far away, perhaps even be impossible. 69 Most PKS activists agree that the moderate stance is the only practicable way to introduce shariah. This is congruent with the fundamental dakwah principles of Jemaah Tarbiyah. Dakwah itself is understood as a slow process but with an ultimate goal, dakwah is an estafet, not a sprint - it has steps. 70 Hilmi Aminuddin explains how PKS formulates its strategies in implementing shariah in Indonesia: 71 First, practising shariah within the individual and the family. Before taking further steps towards having shariah observed by the government, this condition must really be met. The government will not have the power to regularise and ensure the practice of shariah unless the Muslim community voluntarily puts it into practice. The role of government is only to uphold practice and correct some deviations. Muslims own readiness to accept shariah as part of their legal system will be the guarantee of its survival. Second, drafting and legalising laws based on shariah. Legislators are responsible for introducing Islamic laws into the national legal system. By no means all laws are to be based on shariah, in some case it only requires the effort to make sure the laws are not in contradiction with shariah, or that they do not violate it. The law itself does not have to be obviously Islamic. 205

16 Islamising Indonesia Third, formalising shariah as the fundamental source of law. At this stage, an institution responsible for the carrying out of all Islamic laws must be formed. It must be able to carry out the responsibilities associated with shariah guidance. The government is expected to perform this function after being Islamised. The support of PKS in the case of the Proposal of Pornography Regulations, Rancangan Undang-Undang Anti Pornografi dan Pornoaksi (RUU APP) is evidence on how PKS sees this proposal as an effort to make the laws in accordance with the spirit of Islamic law. However, so far there is no precedent to suggest that PKS is willing to follow the three strategies above since it has attempted to downplay the demand for the implementation of shariah during the 1999 and 2004 general elections and it seems that it will maintain the same attitude in the next elections. For the next two general elections at least, we will not see any significant change in the terms of the formalisation of shariah at the national level. This is because activists of PKS believe that such an aspiration only can be achieved through the total support of people in Indonesia. 72 They believe that at present there is no guarantee that the people in general or the mainstream Islamic organisations support it. 73 The most feasible way open to PKS is by encouraging the formalisation of shariah at the district level, relying on the political opportunities of autonomous districts whenever popular voices at the grassroots level sound in favour of shariah. Thus strategically, PKS has not pushed for formalisation at the national level, but it has consistently worked to support the implementation of shariah at the district level. For instance, most activists of KPPSI in South Sulawesi are also activists of PKS and in favour of shariah. 74 The logic behind this strategy is that once the district governments are islamised, the central government will simply have to adjust its policies to these realities. Nonetheless, the problem is that not all districts in Indonesia have the same aspiration for shariah. A notable exception is the Province of Aceh and some districts, such as Cianjur (West Java), Pamekasan (East Java), Bulukumba and Maros (South Sulawesi), Padang (West Sumatra), Riau and East Lombok (NTB) have implemented some aspects of shariah, varying from the obligation to wear Muslim dress on Fridays, up to the regulation of zakat and other charitable activities. 75 However, in these regions the district regulations (Peraturan Daerah, Perda) consisting of some aspects of shariah were not initiated by PKS but by Golkar. In the province of West Sumatra, which has been known as the stronghold of modernists, the people are far from the ideal of implementing shariah. One PK representative at the provincial level suggested It is true that PK wants the practice of shariah to prevail in the West Sumatra but it is not an easy task to do it. The dakwah must be carried in gradual ways whilst we continue to struggle for the introduction of regulations that are closer to shariah, such as the head scarf for women 206

17 A Vision of Shariah Led Prosperity: PKS Attitudes to the Implementation of Islamic Law and prohibiting immoral activities (perbuatan-perbuatan maksiat). However, the application of shariah considers the reality of the people and the stages of dakwah. 76 Even though PKS has started to introduce its new perspective on shariah by emphasising its universal values, such as advancing justice and prosperity and fighting against corruption and injustice, PKS still faces challenges in implementing its agenda. These come not only from outside but also from internal factors, in particular the hypothetical question of when it gains real political power. D. Challenges The important issue regarding the implementation of shariah is PKS stance if the party gains majority support. Will it immediately impose shariah or remain committed to its gradualist approach? As long as there are no political obstructions, such as military or government intervention, to impede the achievements of PKS, most activists believe their ideal for promoting shariah will still be valid. PKS has felt compelled to be committed toward democracy since it believes that democracy guarantees its existence. 77 Many Muslims and non-muslims in Indonesia have not been able to obtain a clear picture of the PKS position on the application of shariah. Even though the issue has been discussed within PKS circles and in its publications, it has not been conveyed explicitly in its political platforms. Discourse on formalisation, including the idea of a shariah-led prosperity is conveyed in interviews or written about selectively in party training manuals. As a result, there is confusion among Muslims themselves towards PKS. For liberal Muslims, PKS is embedded in a fundamentalist image because of its links with the Muslim Brothers of Egypt, its source of inspiration and model of organization. PKS is accused of having a hidden agenda, pretending to be an open and pluralistic party while adhering to fundamentalist ideas, including the establishment of an Islamic state. 78 In contrast, Muslim hard liners in Indonesia criticize PKS for not being serious in promoting the implementation of shariah, even accusing its activists of lacking the courage to uphold the struggle for shariah. According to this group, PKS plays no more than a pragmatic role at every political moment. This ambivalent image of PKS indicates a lack of preparation by the party in responding to religious ideals and socio-political realities in Indonesia. The discourse has never been aired comprehensively or elaborated within the party. It is understandable that the question of shariah is not an attractive one in political campaigns, but the failure to take sides on this issue will have its impact in the loss of support in popular votes. Imposing shariah for the sake of religious commitment to the Indonesian people who are mostly far from a perceived proper 207